PLANNING AND ENVIRONMENT
Review of the Protection of Heritage Regime
Consultation Response
Purpose of the Report
This purpose of this report is to provide the Minister with a summary of the response to the White Paper: Review of the Heritage Protection Regime published in January 2009. In addition it analyses the response to consultation and, having taken the issues raised into account, sets out proposals and the actions required to progress the Minister’s proposals for the review of Jersey’s historic environment protection regime.
Background
The Business Case: Review of the Protection of the Historic Environment was approved by the Minister in September 2009 (MD-PE-2009-0151). A White Paper: Review of the Heritage Protection Regime was written to consult the public on the proposed changes and published in January 2009: consultation ran for six weeks finishing on 12th March 2010. There were six questions used to gather a measurable response on the key changes proposed (White Paper and questionnaire attached at appendix 1)
Discussion
The key outcomes from the consultation process are that there is overall positive support for future changes to be made to the Heritage Protection system in Jersey. The overall trend was very positive with 64% of respondents strongly agreeing or agreeing with the proposals; 19% disagreed or strongly disagreed; and 16% were unsure of what response to make.
Whilst the level of response was relatively limited, with a total of 27 submissions, these came from a range of key stakeholders including individuals, special interest groups, heritage groups and development industry professionals.
A Consultation Response Report (April 2010) is attached at appendix 2. The specific response to the Minister’s proposals for the review of the Island heritage protection regime can be summarised as follows:
· There is overall positive support for future change of the system based on a clear expression of the need for change;
· There is clear support for the replacement of the existing two-tier structure of designation and protection with a single designation for buildings and places, on the basis that this will improve the heritage protection system;
· There is more support (@ 45%) than disagreement (@25%) for the introduction of a non-statutory grading system, with 30% of respondents undecided;
· There is very clear support for the introduction of area-based protection;
· There is clear support for a comprehensive re-survey of all existing and potential heritage assets in the Island;
· There is overwhelming support (@70%) for the development of a more accessible Historic Environment Record.
On the basis of the response to consultation, it is considered that the Minister can move forward with confidence that his proposals have general widespread support. There are some detailed issues which require further consideration in relation to each specific aspect of proposed change and transition to a new historic environment protection regime. The specific detail of each element of change and issues requiring consideration are set out below.
1. Single designation
Based on the clear support for this element of change, it is considered that progress can be made to bring this into effect as soon as possible. There are two stages to this: the first is an interim transitional stage, where the switch is made to the new system of designation and a non-statutory grade is assigned to each building or place, informed by the existing status of the building.
The second final stage involves formal designation which will be informed by, and which follows, the comprehensive Island-wide resurvey of all existing and potential heritage assets.
There are a number of distinct issues raised by the consultation event, and which present themselves as matters of process, which require consideration:
(a) Transitional arrangements: grading of existing protected buildings
The switch to a single form of designation from the existing system can progress as set out in the White Paper:
· all existing Sites of Special Interest will become Grade 1 or 2 Listed buildings,
· proposed Sites of Special Interest will become proposed Listed buildings (Grade 3) and
· all existing Buildings of Local Interest will become proposed Listed buildings (Grade 4).
This essentially involves a change to the department’s Historic Environment database and can be undertaken automatically with the assistance of Information Services (IS).
Briefings will also need to be held with Planning and Environment staff in advance of the change to ensure awareness and understanding.
A specific date for the change over to the new system will be set following liaison with IS.
At this stage, there is no need to advise the owners of existing protected buildings of the change as there is, in effect, no change to the policy regime that applies to them. This will only occur when the existing protected buildings and places are reassessed and their status reviewed relative to formal designation (which will require service of Notice anyway) following the comprehensive Island-wide resurvey (see 2 below).
(b) Transitional arrangements: assessment and grading of new buildings and places
Once the change from the current system to the new single tier system is made, even in its interim stage, any review of existing heritage assets or assessments of new sites, will need to be made under the auspices of the new system: Jersey Heritage and the Ministerial Registration and Listing Advisory Group (MRLAG) will need to make recommendations to List and grade a building or place.
Work will need to be undertaken with JHT and MRLAG to ensure knowledge and awareness of the new system, including a review of the relevance and robustness of criteria for designation and grading, before the switch is made.
Work is ongoing to revise the criteria used to deliver the single designation system. A final version will be discussed and agreed with JHT in the next four weeks.
(c) Transitional arrangements: nomenclature
To give legal status to the term ‘Listed building or place’ requires an amendment to the Planning and Building Law. This will then clearly, and legally, differentiate between Sites of Special Interest that are designated on the basis of their ecological and other natural environmental interest, and Listed buildings and places, which will be designated on the basis of their archaeological, architectural, historical, cultural and/or artistic interest.
There is ongoing liaison with the Law Draftsman’s Office to give effect to a number of minor changes to the principal law in 2010, including this one. Until this change in the law is made, it is possible to use the phrase ‘Listed building or place’ in the form of a shorthand reference to buildings and places that are on, or are proposed to be on, the List of Sites of Special Interest.
Other, more general issues of nomenclature are raised at section 5.
2. Comprehensive Island-wide resurvey of all existing and potential heritage assets
Work is already underway to progress this element of the review:
An advertisement seeking Expression of Interest to undertake the comprehensive Island-wide resurvey was placed by Jersey Heritage, both locally and in the UK, in April 2010: the initial level of interest has been high and submissions are now awaited. Engagement with local stakeholders is an integral element of any submissions. Members of MRLAG have been closely involved with the development of this proposal and have been kept fully informed of the process that is being undertaken.
The outcome of this exercise will assist in reviewing the resources required, the personnel needed and the timetable proposed. Informal discussions with colleagues involved with listing in the UK have suggested the timetable proposed is realistic and deliverable.
The appointment of consultants to undertake the work is envisaged in June 2010, with a project start six to eight weeks thereafter dependant on appointment. Administrative support within the Department has been secured to allow the proper flow of information between the Department, owners/ occupiers, JHT and the Consultants. Further discussions will also need to take place with MRLAG to ensure there is appropriate management of its workload relative to the efficient and effective processing of the output from the resurvey.
3. Historic Environment Record (HER)
Work is ongoing to ensure that the Heritage Environment Record is developed as a robust and accessible public record system, and is based on a clear, comprehensive, accurate and consistent dataset held on the Planning and Environment Department’s systems (Keystone). Geographic Information System links are also being explored to provide clear links between the spatial location of buildings and places and the historic environment dataset.
One of the key issues will be to ensure that the data generation and management from the comprehensive Island-wide resurvey is of a consistent and robust quality and that it can be seamlessly incorporated into the department’s datatset (Keystone) and thus into the HER. This will be addressed as a key issue with the preferred supplier of the re-survey.
Jersey Heritage is working to develop a clear and accessible public entry to the HER through the JHT website.
4. Conservation Areas
Work on the assessment of a boundary of the St Helier Conservation has progressed on the basis of Willie Miller’s St Helier Urban Character Appraisal (2005). Officer consultation within the Department has been undertaken. Further consultation is required with key stakeholders, including Jersey Heritage and MRLAG, before a proposal for the designation of St Helier Conservation Areas can be publicly launched.
In parallel with this, there is a requirement to amend the General Development Order to establish the regulatory regime for Conservation Areas i.e. to determine that which requires permission. Work is ongoing with the Development Control Section to develop proposals to amend the GDO. The need to amend the relevant legislative framework to enable the explicit introduction of Conservation Areas has also been raised with the Law Draftsman with a view to incorporating this into the raft of minor amendments to the principal Law that are in train.
5. Local Context and Tradition
L’Office du Jerriais has commented (as part of the Island Plan Review, but with relevance to the review of the historic environment protection regime also) that under the States Strategic Plan there is a need to find a way to continue to support language and cultural development and revival of the language of Jèrriais.
Clearly, the proper naming and grammatical use of the language needs to continue as part of the traditional naming of fields, places and buildings but it could be argued that it also has a bearing on the use of language to describe and designate historic buildings and places: this may have a particular pertinence to the nomenclature used to describe those historic buildings and places more than any other given the historical and cultural resonance of this area of activity.
In light of this, it is proposed to explore the use of Jèrriais to describe Listed Buildings, Listed Places and Conservation Areas as an option to minimise the Anglicisation of the new system proposed. Whilst the English terminology is in common use and widely recognised the option of the alternative use of Jèrriais words would be of greater local relevance.
Recommendation
It is recommended that, on the basis of all of the above and the attached, the Minister for Planning and Environment:
1. Notes the consultation response to the White Paper: Review of the Heritage Protection Regime (January 2009) and endorses, for publication, the response to consultation on as set out in the report at appendix 2;
2. Endorses the proposals to introduce a single form of designation, and authorises its implementation as soon as possible, in accord with and subject to the transitional arrangements as set out in the report;
3. Notes and endorses the situation relating to the comprehensive Island-wide resurvey; the development of the Historic Environment Record and the implementation of Conservation Areas in Jersey; as set out in the report;
4. Gives support to the further exploration of the informal and complementary use of Jèrriais in the naming of designations relating to the protection of the historic environment in Jersey.
Reason(s) for Decision
The Minister has considered and assessed the outcome of the consultation on the White Paper: Review of the Heritage Protection Regime (January 2009) and has responded accordingly.
Legal and resource implications
Article 51(2)(b) of the Planning and Building (Jersey) Law 2002 enables the Minister to include on the List of Sites of Special Interest those buildings and places that the Minister is satisfied has public importance by reason of the special archaeological, architectural, artistic, historical, scientific or traditional interest that attaches to the building or place. Liaison with the Law Draftsman’s Office is ongoing to deal with other legal issues raised by the report around issues of nomenclature and the designation and regulation of activities in Conservation Areas.
Provision has been made to fund the proposed the comprehensive Island-wide resurvey of existing and potential heritage assets from existing budgetary provision over the next two years. The ability to resource this will be dependent upon the level of cost which will only be known upon receipt of expressions of interest, as detailed in the report. This element of work will only be able to proceed subject to the availability of funding and it is envisaged that it will need to be phased over at least two years.
Action Required
1. Publish the response to consultation the White Paper: Review of the Heritage Protection Regime (January 2009) as set out in the report at appendix 2;
2. Introduce the single form of designation for heritage assets as soon as possible, in accord with and subject to the transitional arrangements as set out in the report;
3. Continue to work with Jersey Heritage to enable the comprehensive Island-wide resurvey of existing and potential heritage assets and the development of the Historic Environment Record;
4. Continue to work with key stakeholders to enable the development of proposals for Conservation Areas, as set out in the report;
5. Continue to liaise with the Law Draftsman’s Office to give effect the law drafting changes required to enable the legal establishment of the phrase ‘Listed building or place’ and to enable the explicit designation of Conservation Areas, as well as the development and establishment of their regulatory regime;
6. Explore the use of the informal and complementary use of Jèrriais in the naming of designations relating to the protection of the historic environment in Jersey with key stakeholders.
Written by: | Tracey Ingle, Principal Historic Environment Officer / Kevin Pilley, Assistant Director |
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Endorsed by: | Peter Thorne, Director |
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